MacTampa Terms of Use

Please forgive us for having to make you read the following, but in this age of suit-happy lawyers and consumers, we have to.

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY, BECAUSE USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

The following are terms of a legal agreement between you and MacTampa, its publishers, subsidaries and affiliates. By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. These terms may be changed at any time without notice.

This site provides a range of information about computer hardware, software and related products, including without limitation product descriptions, pricing and editorial commentary (collectively called “information”). Although we try to provide Information that is useful, we cannot possibly insure the accuracy of all of the Information at all times (specs, hardware/software designs, pricing, etc. are changed without notice by manufacturers all the time). You should not rely on the information in situations where its inaccuracy would cause you to suffer any significant loss. All reader comments and opinions do not necessarily represent those of the site publisher.

THE INFORMATION ON THIS SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY AND “WITH ALL FAULTS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The various products referenced or reviewed on this Site (hereafter referred to as “products”) are provided by third party vendors. We do not sell, resell or license any of these products, and disclaim any responsibility for or liability related to the products. Any questions, complaints or claims related to any product should be directed to the appropriate vendor.

The Information is being provided free of charge for non-commercial purposes. Accordingly, WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY YOU OR ANY OTHER USER OF THIS SITE IN CONNECTION WITH OR AS A RESULT OF THE INFORMATION OR THE PRODUCTS, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

All email sent to the site unless specifically noted otherwise is considered postable to the site pages (with email addresses always removed). If your comments are private and not for public posting, please indicate so in the email.

User Conduct

(A) The User shall use MacTampa’s Web Site and System (here-in-after known as the “System”) for lawful purposes only. User shall not post or transmit through the System any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MacTampa’s express prior approval, contains advertising or any solicitation with respect to products or services except as may be allowed for within the guidelines set forth for the System. Any conduct by a User that—in MacTampa’s discretion—restricts or inhibits any other User from using or enjoying the System will not be permitted. User shall not use the System to advertise or perform any commercial solicitation (except as otherwise noted), including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the System.

(B) User shall not upload, post or otherwise make available on the System any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the System, User automatically grants, or warrants that the owner of such material has expressly granted MacTampa the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Any transmssion to this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MacTampa, its subsidaries and affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. User also permits any other User to access, view, the material for that User’s personal use. This site’s Reviews, Comments, Content, Benchmark Results and Images are not to be reproduced in any form without prior written permission.

(C) The foregoing provisions of this Section are for the benefit of MacTampa, its subsidiaries, affiliates and its third party content providers and licensor and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Disclaimer of Warranty; Limitation of Liability

(A) THE USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT USER’S SOLE RISK. NEITHER MACTAMPA, GERALD LUCAS, GILES HOOVER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MACTAMPA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SYSTEM. MACTAMPA HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE SYSTEM AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE SITE.

(B) MACTAMPA’S SYSTEM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MACTAMPA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) IN NO EVENT WILL MACTAMPA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MACTAMPA WEB CONTENT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SYSTEM.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MACTAMPA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NEITHER MACTAMPA, NOR ITS AFFILIATES OR INFORMATION PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION PROVIDED ON THE SYSTEM.

Indemnification

User agrees to defend, indemnify and hold harmless MacTampa, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of MacTampa’s System by the User or the User’s Account.

Miscellaneous

This Agreement and any operating rules for the System established by MacTampa constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.